The Timeline of a Personal Injury Claim
Nevada has complex laws and guidelines that structure the way personal injury claims operate before a final settlement is completed. In some cases, the full amount of time required to get to the end result is years. An experienced Las Vegas personal injury attorney from the Cottle Firm will be able to offer you the knowledge of these complicated laws and procedures so that all your questions are answered. Additionally, our team can provide you with sound legal advice throughout the entire process.
Guidelines
The reason for filing a personal injury claim is to hold responsible the person, company, or entity liable for physical injuries, economic, and non-economic losses as a result of an accident that was not your fault. Motorcycle accidents, bus accidents, car accidents, slip and falls, burn injuries, defective products, medical malpractice, premise liability, and wrongful death can all be a basis for a personal injury claim. In the state of Nevada, there is a 2-year statute of limitations for filing a personal injury claim which is why it is important to have a knowledgeable Nevada personal injury lawyer handle your case. In order to be successful, you need to have everything accounted for and done correctly within the time frame so as not to miss your ability to obtain compensation.
Filing a case in a Nevada court requires:
- Filing within the state’s 2-year time frame
- Filing in a civil court jurisdiction where the injury occurred or where the defendant lives. Failure to file in the correct court could cause the claim to be dismissed and barred forever.
- Small claims courts must have claims filed that are less than $5,000
- Claims that are a minimum of $5,000 and no more than $10,000 are to be filed in a Nevada Justice Court
- Claims that exceed $10,000 are to be filed with the Nevada District Court
The Lawsuit
The Nevada court system can be challenging to work through when you are filing a lawsuit. Enlisting the help of a Las Vegas personal injury lawyer who knows the process of dealing with the Nevada court system thoroughly will ensure everything is done correctly and that your claim will be heard by the courts, not thrown out. If you file alone you could be making a very costly mistake.
The formal process includes:
- Summons and Complaint which notifies the liable party that they are being sued and explains the reasons for the suit
- A subpoena is a legal document that requires the defendant in the case to appear in court at the date specified
- Discovery is a legal process which allows the defendant and the victim to gather their evidence for their case and obtain information from each other before the trial begins
- Judgment is the decision that is made at the conclusion of the civil suit. It will include the payment amount for damages as well as who is responsible for paying the damages.
- Appeals are allowed, and these petitions go to the higher court to review prior judgments
There is no specified amount of time a suit can take, and if there are appeals done the time frame could be long-lasting. A victim could have to endure several years before a settlement is doled out.
Settling out of Court
Those claims that are settled out of court will tend to be easier, as well as less expensive for all the parties involved. All parties have input when settling out of court and they can decide together what parts of the process remain private. This may include the settlement amount. This is very different from a court trial where everything is privy to the public domain unless a judge wants the records to be sealed. It is worth noting that the sealing of documents in personal injury cases is a rare occurrence in the state of Nevada.
Call the experienced Nevada serious injury lawyers at the Cottle Firm today at 702-722-6111 when you have a personal injury claim. We will discuss your specific situation and get started on your case.
